On The Drawing-up Of Criminal Law For Crimes Against Food Security

Food is the basic material conditions of human survival and development, At the national point of view, The food security situation is a measure of an important indicator of a country’s economic development level and the people of the quality of life, Related to the healthy and stable society too; For citizens, Citizens should enjoy the basic rights of food security assurances in the country and society to improve the regulatory system.But, There is a serious illegal phenomenon in the aspect of food processing, production, sales. Part of the responsibility in making profits, shoddy, really fake, and even add non-toxic and hazardous food additives, A large number of the growing incidence of hazard to food safety. Solely of Recently example. The Henan Shuanghui clenbuterol events, Shenyang poison bean sprouts event, Guangdong ink vermicelli incident, shanghai dyeing bread event...and so forth, This is not only undermine the country’s food hygiene regulations,but also seriously infringed consumers’right to life and health, The last line of defense in criminal law as the regulation of harmful behavior, it should play an important role in prevent and punish the crimes against food security, but, despite the existence of related charges, and the improvement of the Criminal Law Amendment8, unfortunately, the criminal law in response toendanger food security offenses there are still not fully protect the chain, slightly coarse pan-penalty provisions, the criminal legislation guiding ideology biased defects, therefore, strengthen the regulation which endanger food security offenses of criminal legislation provides an important value, Based on the above understanding of the field of food safety, crime, the inadequacies of China’s criminal legislation, such as too narrow, subjective sin in the form of the provisions of the hazards of food safety, crime and lack of qualifications penalty should be in our country.additional hazard to food safety offense, criminal legislation, to increase the fault as a subjective aspect constitute elements, increase the hazards of food safety crimes eligible for punishment and building a recovery of the right system envisaged in order to be able to improve China’s criminal legislation the French Open, better in practice regulatory system endanger foodsecurity offenses to provide the legal basis for the support.In this paper the main body is divided into four parts, the first part of the understanding of the concept of the crime of endangering food safety, this section first the concept and classification of food, food security defined and the characteristics of an introduced hazard to food safety offenses. The second part, along the path from reality to theory, introduced China’s criminal laws and regulations of food safety.The third part, reflect that the crime of China’s Criminal Regulation endanger food security our country at this stage for the crime of endangering food safety is still not impressive enough, the stage of the Criminal Regulation of the hazard to food safety crimes are still many issues worth discussing, for example, China classification of the crime of endangering food safety propriety, of the Criminal Law on the related subjects of crime, just as food producers and sellers, this legislative mode and can not cover the protection of the entire chain of food from raw materials to final consumer end, and the few existing endanger food security offenses are set for the case of an intentional crime, the punishment of the responsible person can not be comprehensive, which is the civil law countries such as Germany and Japan will jeopardize food safety crimes are mostly positioned as fault crime is strikingly different. Fourth part, the crime of Criminal Regulation endanger food security, improvement of this section, I will put forward their own views for defects of Criminal Regulation endanger food security crime, the paper that, although there are scholars in China to establish the risk of criminal law is guided by values, but because of China’s relevant law enforcement background, people thinking of the legal status and the risk of criminal law theory itself executive defective, should continue to insist on the guilt of the criminal law system in China, to maintain the character of the criminal law humble at the same time additional hazards to food safety offenses and related qualifications sentence, restoration of rights regime.